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Habeas corpus - Essay Example

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As per the US law, the Habeas Corpus is known as a summons of court. The Habeas Corpus writ is duly considered to be a plan, which developed by the Bush administration with the aim of…
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Download file to see previous pages y the various causes of imprisonment of the prisoners and then take decisions about the further progress relating to their imprisonment (Federal Judicial Center, 2013).
Habeas Corpus is a petition, which has been originated from the English common law during the period of fifteenth century. In the year 1679, the writ became the part of the England Statutory law. This plan has been initiated by the American colonial court as a part of common law with the inclusion of certain rights. In the year 1789, it can be apparently observed that the ‘writ of Habeas Corpus’ was mainly issued by the federal court with the influence of Congress for the prisoners who were in federal custody. However in the year 1807, Supreme Court countered federal court and declared that the federal court will not be the issuer of the ‘Writ of Habeas Corpus’ due to having lack of authority (Epstein et al., 2014; Paschal, 1970). The historical evolution of habeas corpus with the inclusion of English and American traditions can be mainly determined with varied rights that it entails for protecting civil liberties. It will be vital to mention in this similar concern that the major rights of this writ can be ascertained as assessing the rights to be granted to the individuals belonging to America and most vitally determining whether individuals are imprisoned legitimately or must be released immediately from custody among others (Garrett, 2012).
It will be vital to mention that the ‘Federal Habeas Corpus’ is available for all the prisoners of the US. In relation to the above context, it can be affirmed that the writ also works as a protector of human rights. It is applicable for all people regardless of gender, race and social status and especially for all the people who are imprisoned in federal nation. As apparently noted, the deferral of habeas corpus becomes necessary at the time of occurring any sort of rebellion and invasion that lay the chances of hampering individual interests ...Download file to see next pagesRead More
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